Loeb Secures Appellate Victory for Daughter of “Que Sera, Sera” Songwriter in Copyright and Royalties Dispute

Loeb & Loeb successfully represented Travilyn Livingston and her publishing company, Jay Livingston Music, Inc., in a significant appellate victory before the U.S. Court of Appeals for the Sixth Circuit. The case, brought by Travilyn’s daughter, Tammy Livingston, centered on the rights to royalties and copyright ownership of songs composed by the late Jay Livingston—Travilyn’s father and part of the legendary songwriting duo behind classics such as “Que Sera, Sera,” “Silver Bells” and “Mona Lisa.”

Jay Livingston, who passed away in 2001, had assigned his copyright interests in hundreds of songs to Jay Livingston Music, a company owned by Travilyn, through a series of agreements beginning in 1984. In 2000, he extended those assignments to cover the full term of the copyrights. After his death, a California probate court ruled in 2003 that all of Jay’s copyright interests had been transferred to Jay Livingston Music, Inc., and that the family trust held no remaining ownership in those copyrights. Tammy, a beneficiary of the trust, approved that order at the time.

In 2015, Travilyn exercised her statutory right under Section 203 of the Copyright Act to terminate her father’s prior copyright grants and reclaim ownership of the works. Tammy challenged those terminations in a 2022 federal lawsuit, arguing they were invalid and that she retained a right to royalties.

The U.S. District Court for the Middle District of Tennessee dismissed Tammy’s claims in early 2024, and the Sixth Circuit affirmed that decision on July 7, 2025. The appellate court held that the 2003 California probate ruling barred Tammy’s claims, confirmed the validity of Travilyn’s termination notices and found no basis for Tammy’s asserted state law rights.

The Loeb team that defended Travilyn Livingston and her publishing company included Litigation partner Tim Warnock and associate Keane Barger.